2/14/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,545.
ORDER ALLEGES:
ON MAY 26, 2011, AN AUTHORIZED AGENT OF EPA REGION 4 CONDUCTED AN INSPECTION AT RESPONDENT'S PLACE OF BUSINESS PURSUANT TO SECTION 11(a) OF TSCA, 15 U.S.C. SECTION 2610(a).
BASED ON THE RECORDS THAT WERE PROVIDED TO THE INSPECTOR AND LATER REVIEWED BY THE EPA, IT WAS DETERMINED THAT RESPONDENT EXPORTED A SHIPMENT OF [CBI DELETED] TO [CBI DELETED] ON FEBRUARY 25, 2008.
[CBI DELETED] CONTAINED GREATER THAN ONE PERCENT [CBI DELETED] HEREINAFTER REFERRED TO A CHEMICAL A.
AS OF [CBI DELETED], CHEMICAL A WAS SUBJECT TO A TEST RULE PROMULGATED PURSUANT TO SECTION 4 OF TSCA 15 U.S.C. SECTION 2603 AND REFERENCED AT 40 C.F.R. SECTION 799 [CBI DELETED].
THE REGULATION SET FORTH AT 40 C.F.R. SECTION 799 [CBI DELETED] REQUIRES ANY PERSON WHO EXPORT OR INTENDS TO EXPORT A CHEMICAL SUBSTANCE LISTED IN [CBI DELETED] TO COMPLY WITH 40 C.F.R. SECTION 707, SUBPART D.
CHEMICAL WAS LISTED IN [CBI DELETED] WHEN IT WAS EXPORTED, THEREFORE, RESPONDENT WAS SUBJECT TO THE EXPORT NOTIFICATION REQUIREMENTS PROMULGATED AT 40 C.F.R. SECTION 707, SUBPART D.
RESPONDENT FAILED TO SUBMIT AN EXPORT NOTICE TO EPA WHEN CHEMICAL A WAS EXPORTED TO [CBI DELETED].
RESPONDENT VIOLATED SECTION 15 OF TSCA, 15 U.S.C SECTION 2614, BY FAILING TO COMPLY WITH SECTION 12(b) OF TSCA, 15 U.S.C SECTIONS 2611(b) AND THE REGULATIONS PROMULGATED AT 40 C.F.R. SECTION 707, SUBPART D.
IN VIOLATION OF TSCA S